Therefore, discrepancies may arise from one cycle to the next and IRS may not be aware of a TOP debt. Identify the missing information on the original return, if available, and write the taxpayer requesting it or if the issue can be resolved by having the taxpayer fax in missing information, you may attempt to contact the taxpayer/authorized representative by telephone and request the missing information be faxed to you, explain that the injured spouse Form 8379 cannot be processed until the information is received. If joint tax is zero, and no EITC is involved, the injured spouse's portion of the overpayment is his/ her portion of the other refundable credits. See IRM 21.4.6.5.8.9, Form 8379, No Consideration Procedures, for instructions on what to include in the letter. Transfer insolvency calls to ACD = 92318 or IUP = 1618. Refer taxpayer to agency on notice. You can check with your state to see what relief might be available. You will not find 92035 or 1035 listed in the TTG as a direct transfer. Compute the injured spouse share of the joint overpayment by subtracting the injured spouse's share of the joint tax liability, as well as any previous refunds or offsets to other IRS obligations, from the injured spouse's contribution toward the joint liability. Consequently, the refund will offset, resulting in having to reverse the offset to process the Form 8379, Injured Spouse Allocation. Additionally, the Department is required to offset a taxpayer's refund as partial payment of any debt (s) reported by the following agencies: Ohio Department of Job and Family Services See IRM 21.4.6.4.2.1, TOP Offset Bypass Indicator (BPI), for more information. If the injured spouse is entitled to the entire overpayment, this computation is not needed. You can contact the Treasury Offset Program at 800-304-3107 for more information. See criteria listed in IRM 13.1.7.2, TAS Case Criteria, follow procedures outlined in IRM 21.1.3.18, Taxpayer Advocate Service (TAS) Guidelines. For prior revisions of Form 8379, always issue the Injured Spouse's portion of the refund in "one name only" even if the one name only box on line 11 is not checked. Offsets due to delinquent child support occurring during processing years 2012-2015 will be identified by the posting of Transaction Code (TC) 971 Action Code (AC) 126. Input the reversal with the correct OTN or on the correct tax period, MFT, etc. Use Command Code (CC) CSO58, to transfer offsets from the taxpayers account when there is a child support offset that cannot be reversed due to the 6-month regulation change. For all shortcut methods, if the Recovery Rebate Credit (RRC) is claimed and the injured spouse is entitled to half of the RRC. See IRM 21.5.6.4.46, -W Freeze, for instructions. Bureau of the Fiscal Service initiates the offset at that time. Refer to IRM 20.2, Interest. Levy proceeds which do not create an overpayment and are within two years of making the levy, must meet the criteria in IRC 6343(d). If a TC 899 is not reflected on the account, contact Bureau of the Fiscal Service to verify the transactions that transpired before any adjustment is made. As announced in DCL-21-11, the Department of Treasury's Bureau of the Fiscal Service (BFS) delayed determining federal income tax refund and administrative offset fees for fiscal year (FY) 2022. If you write the taxpayer suspend the case for 40 days with a new IRS received date. In some instances, a TC 899 will unpost due to an erroneously deleted TC 898. If there are two or more offsets with different dates, consider each one separately when determining the six-year period for reversal. IRS assesses an additional $800.00 for their 2011 joint liability based on an examination of the return. Use appropriate Priority Code when adjusting accounts with an open -L freeze. For the State Income Tax Levy Program (SITLP), refer to IRM 21.5.7.4.7.17, State Income Tax Levy Program (SITLP). If you are not trained to work Injured Spouse Allocations and the case is assigned to a CSR or Clerical Unit and you have access to CIS, leave a Case Note for the CSR working the case and issue a 4442/e4442 to the CSR. Be sure to include BMF screens when there is a X-REF EIN. Include a blank Form 8379 with instructions. Accept the taxpayer's allocation of income and other items on the Form 8379 and process Form 8379 without regard to community property laws. Send letter 3179C, asking the taxpayer to resubmit their Form 8379, if there is a refund after the reconsideration is complete. Once the stimulus payment offsets to pay a Federal tax debt or TOP debt, it loses its identity as a stimulus payment. The following actions are necessary to resolve the account when this situation is present: Leave message on UPTIN to post the "valid" TC 898 in 2 cycles to allow the TC 767 with the invalid OTN to post first. If the Form 8379, Injured Spouse Allocation, is incomplete, attempt to contact the taxpayer or authorized representative by phone and request the missing information such as: Allocation of itemized deductions (Schedule A), Allocation of exemptions other than personal exemptions, Allocation of payments if unable to determine to whom they belong. Compare dates and DLNs and correct the tax period on CC UPRES, if necessary. You do not need to complete the Injured Spouse Allocation Worksheet when one of the shortcut methods apply. 2) Taxpayer inquires about his/her portion of refund prior to filing original return, 3) Taxpayer inquiries about his/her portion of refund after filing original return. This allows for manual verification of Combat Zone Status. See the following example: BPI (0) indicates that any refund should offset for all TOP debts owed under the primary TIN, and secondary TIN if Filing Status 2 (FS2). Use BPI 3 unless the Injured Spouse owes Child Support. The same rule applies to the original legislation under the Housing Assistance Act of 2008 as it does to the extension under the American Recovery and Reinvestment Act. Advance payments are not subject to reduction or offset. The taxpayers divorce. Insolvency will determine if the tax offset is in violation of the automatic stay. For community property states, you should follow the community property laws for each state. If the taxpayer attached Form 8901, Information on Qualifying Children Who Are Not Dependents, to the tax return, allocate the child tax credit as the taxpayer determines. Do not adjust if within IRS tolerance guidelines per IRM 21.5.1.4.12, Tolerances. They are intended for the Full Collection program. Advise the taxpayer to allow 8 weeks for processing. For all Form 8379 revisions prior to 11-2014, issue the Injured Spouse's portion of the refund in "one name only" even if line 11, one name only box is not checked. A community property state is entered and the address on ENMOD is a non-community property state. BPI 9 is required input on all manual refunds resulting from an injured spouse allocation form filed by the primary taxpayer unless combat zone, BPI (6) applies. If the Form 8379 is filed with the original return and the tax period being worked is in zero or debit balance with no math error. Advise the taxpayer of the adjustment action taken. All Application 20 and Application 186 employees will answer procedural and Injured Spouse/Refund Offset inquiries for which they have been trained. When a taxpayer wants a Form 8379, Injured Spouse Allocation, but mistakenly uses Form 8857, Request for Innocent Spouse Relief, return the Form 8857 to the taxpayer, advising him/her of the mistake. Use CC UPCAS with Definer Z to input a message with the correct name control. BPI 4 allows for the TOP offset to any child support debts. The OBR must be approved and processed prior to the freeze release, there are certain conditions in which a TC 840 will release the freeze code or condition. This occurs after a refund is certified by Internal Revenue Service (IRS) for payment by BFS, but before the refund check is issued. ,Review procedures in IRM 21.1.3.9, Mailing and Faxing Tax Account Information, before faxing or mailing confidential information to the taxpayer or authorized representative. If part of the stimulus payment was offset and part was refunded to the taxpayers, deduct the refunded amount from the credit amount to determine if the injured spouse is entitled to any additional refund. The TC 766 posts with the date of the refund creating the offset when that refund includes credit interest. A TC 898 or TC 971 AC 598 (manual input of TOP offset record) may be present on the tax module even though the indicator is set to "0" . Only the agency owed the debt can honor a hardship request to prevent a TOP offset or make a refund of the offset due to hardship circumstances. See IRM 21.4.6.5.8.3, Processing of Form 8379 Injured Spouse Allocation, for conditions when the remaining overpayment may not offset. You may see a TC 971 AC 598 which indicates the manual input of a deleted TC 898 transaction. This will resolve the OBR inquiry on the same day and therefore should not be transferred to TAS. Advance Child Tax Credit (CTC) is an advanced payment of the Child Tax Credit for tax year 2021. Reverse any credit interest that was transferred with the offset. When the TC 700 posts to the account, follow normal Injured Spouse processing procedures. BPI 8 generates on the first refund, TC 846, issued after the reversal of a TOP offset to a primary TIN's debt. When a breakdown is not provided by the taxpayer, allocate estimated tax payments as follows: Divide the injured spouse's Married Filing Separate (MFS) tax by the sum of the MFS tax for both spouses and multiply that amount by joint estimated tax payments. Contact the TOP Liaison at , for a manual reversal. Both offsets must be subtracted from the original refund amount, TC 840/TC 846, to determine how much of the refund the taxpayers received. BPI 5 and BPI 6 must be input on injured spouse manual refunds when a C freeze is present. Satisfy a balance due that resulted from an amended return received after the due date on the module where the offset occurred. See IRM 21.4.6.5.8.9, Form 8379, No Consideration Procedures, for instructions. 2021: $500 annual liability . The time limit for reversing an offset to Office of Child Support Enforcement (Agency Codes 1 and/or 2) does not apply when processing Injured Spouse Allocation cases. You must consider these transactions when netting the TOP offset amount. 3) Taxpayer claims debt was discharged in bankruptcy. BPI 8 is a required input on all manual refunds resulting from an injured spouse form submitted by the secondary taxpayer unless combat zone, BPI (5) applies. If an offset occurs after Form 3753 has been issued, a TC 898 will not post to the account. See IRM 21.4.6.5.19, Re-sequence Cases. If using the IAT IS Results Allocation Worksheet and the base tax after non-refundable credits is zero, allocate the entire non-refundable credit to the injured spouse, regardless of who is claiming the credit or dependents on Form 8379. If the taxpayer's Form 8379, Injured Spouse Allocation, can be processed with a faxed copy of Form 8379 request a copy and work the case. All Form 8379 revisions prior to 11-2014, issue the Injured Spouse's portion of the refund in "one name only" even if line 11, one name only box is not checked. 11-2016 (MeF) and Rev.11-2016), issue the refund in both names. Refund offsets have also been halted in many jurisdictions. The taxpayer's main home was in a community property state. If AM accepts the resubmitted allocation it is unnecessary to forward the case to Appeals. Reverse the TOP offset first using the appropriate hold code and then transfer any additional amount allocated to the Injured Spouse from the tax offset. TC 898(s) will display the DEBTOR-TIN for offsets to the secondary taxpayer's debt and offsets to the primary taxpayer's debt will not display the DEBTOR-TIN. The only debt involved is TOP and/or premarital Federal tax debt owed, by the other spouse or no debt is owed. Reasons for this include refund checks that are undeliverable, returned, uncashed after 13 months, lost, or stolen and require re-issuance. After deducting prior tax offsets and refunds, subtract from the remaining amount: Any injured spouse Treasury Offset Program offset, TC 898 (TOP offset) or TC 971 AC 598 (manual input of TOP offset). Under the Tax Cuts and Jobs Act, taxpayers must continue to report coverage, qualify for exemption, or pay the SRP for tax years 2017 and 2018. you must take into consideration all TOP transaction codes with the same OTNs to determine the TOP offset amount available to be reversed. 6) Taxpayer claims his/her refund was less than expected, amount disagrees with TC 846/840. A manual refund must be issued for the injured spouse's portion of the overpayment in the following instances: A manual refund is required on all injured spouse forms filed against Tax Offsets Debt indicator I or B whether it is issued in one or both names. Upon the receipt of the listing, IRS Headquarters must review and reconcile the listing with other TOP reports for accuracy prior to sending the listing for resolution. Advise the taxpayer accordingly based upon the account actions taken to resolve the Injured Spouse Allocation. A TC 899 Type 1 may not appear on the account. Determine the TC 898 offset to be reversed. If IRS does not hear from the taxpayer, the funds will be transferred back to the IMF account and the IRS will begin the process of issuing refunds (where appropriate) from the individual income tax year(s). A manual refund is required on a current tax year return with CCC "9" (spouse is deceased) and the second name line is not present. Prepare Form 3753 for amount of overpayment more than the TOP liability. There will not be a corresponding TC 700 with this type of reversal. If the answer is yes, the taxpayer qualifies for injured spouse relief. This is also reported on Schedule M and attached to the Form 1040. The FROM date will be 04/15/20XX (or availability date) and the TO date will be the posted TC 776 credit interest to date DB-CR-INT-TO-DT> found on TXMOD, which will result in the amount of offset credit interest the injured spouse is entitled to. Your refund offset amount Agency receiving the payment Address and telephone number of the agency If you don't get a notice, you'll need to call: Bureau of Fiscal Services at 800-304-3107 TDD at 866-297-0517 Contact the agency listed on the notice if: You believe you don't owe the debt. Take necessary action if refund was not received and follow refund trace procedures. Send the taxpayer a copy of the Form 8379, Allocation Worksheet, only if they ask for it. Bypass TOP offset for all debts other than child support. If the amount of the taxpayer's overpayment exceeds the total of the Federal tax liability and the TOP debt, a manual refund may be issued with a BPI (3) for the amount by which the refund exceeds both debts. Eligible families, including families in Puerto Rico, who don't owe taxes to the IRS can claim the credit through April 15, 2025, by filing a federal tax returneven if they don't normally file and have little or no income. If the taxpayers filing status is other than MFJ and filed a zero or $1 return, there is a credit on the account release the credit. (06) Missing Field There is a Field missing from the adjustment. Refer to IRM 21.4.6.4.2.2, IMF TOP Offset, and IRM 21.4.6.4.2.3, BMF and Civil Penalty TOP Offsets, for additional information. In the event of a mis-blocked form, the block must be pulled to look for other Form 8379s. the main home on the applicable disaster date was in a Midwestern disaster area as shown in Table 2 and the taxpayer was displaced from that home because of the severe storms, tornadoes, or flooding. Check any XREF TIN to see if the refund that was offset posted under a different primary TIN. If the taxpayer wants to claim Innocent Spouse Relief, but mistakenly uses Form 8379, Injured Spouse Allocation. If Combat indicator is "2", then the taxpayer is no longer a combat zone participant. TOP offsets occur after the IRS has certified a refund to Bureau of the Fiscal Service for payment (TC 840/TC 846 on account), but before Bureau of the Fiscal Service issues the refund. See SBSE-05-1021-0063, Interim Guidance on Refund Recoupments. Community Property Worksheets are located within the Accounts Management (AM) tab. 1. This change limits the time during which Treasury may require States to return the offset funds to six months from the date of such collection. Compare the Injured Spouse's refund allocation with the TC 898 on the module and reverse only the net amount needed for the injured spouse's refund. 11-2016), input a TC 290 for .00 with RN 810, RC 086, SC 7 and the dollar amount of the allocated refund. For either situation (f) or (g) above, advise the taxpayer that the Form 8379 cannot be processed when there is a balance due or no overpayment exists on the account. See IRM 21.4.6.5.23.2, UPC 137 or UPC 437. There are instances when the valid TC 898 is deleted in error and a TOP offset reversal cannot be input. If the taxpayer sends additional information and the Form 8379, Injured Spouse Allocation, can be allowed, follow normal injured spouse processing procedures. Net all TOP offset transaction codes with the same Offset Trace Number (OTN) to determine the TOP offset amount available to reverse. Refer to IRM 21.4.4.5, Preparation of Manual Refund Form. If applicable, refer taxpayer to TOP Call Center at 800-304-3107, TDD 8008778339 for offset information. 5) Taxpayer says Form 8379 was filed with his/her original return and no refund was received. See IRM 21.4.6.5.12.1, Input of TOP Offset Reversals Reference Number (RN) 766 with OTN. Form 8379, Injured Spouse Allocation, should not be considered: If a Form 8379 is filed for any filing status except Married Filing Joint. Hold until the -Q freeze is released with TC 572 by EXAM or IVO. Prior to re-sequencing an account to a temporary number or different valid TIN, reverse any TC 898 on the "from" account if it is within 6 years from the date of original offset. If the case does not meet TAS criteria and the taxpayer has a hardship, transfer the caller to App 35 using ACD = 92035 or IUP = 1035. The agency is required to make the refund payable in the name or names that were on the IRS refund file at the time the original refund and TOP offset occurred. No other payments or credits are made to the 2011 MFJ account. Because on their phone line it states if you received a treasury offset letter it takes 3 weeks to process to your account. The taxpayer was sent a refund of $586 ($1586 - $1000). Continue to determine the refund amount depending upon the type of offset that was made. The remaining RRC is split 50/50 up to $600.00 for each spouse, plus any qualifying child exemption amount. Manual refunds will be input using the normal manual refund credit interest rules. If unable, to reach taxpayer by telephone see IRM 21.4.6.5.8.9, Form 8379, No Consideration Procedures. If the Form 8379 has exemptions listed, follow normal procedures. The notice of offset informs the taxpayer that his/her Federal tax refund was offset for a debt owed to an agency(s). After 2018, the SRP is $0.. See IRM 21.4.6.5.8.4, Review the Form 8379 for Completeness, and allocate the form per IRM 21.4.6.5.10.1, Allocation of Tax, and IRM 21.4.6.5.10.2, Allocation of EITC. Bureau of the Fiscal Service cannot regenerate another TC 898 or TC 899 transaction when it has been erroneously deleted. It does not matter where a taxpayer resides. ", RC 087 - "we have corrected a math or processing error on your return. The following example shows a posted TC 766, TOP offset reversal, for $550.00, resulting from an injured spouse allocation form filed by the secondary taxpayer. See IRM 21.4.6.5.12, TOP Offset Reversals. Exemptions for the children must be entered in whole numbers only. Community property allocations are dependent upon whether the states recognized community property rights for same-sex marriage. Do not reverse any TC 898(s) on the "to" account unless other conditions allow for it. The amount of credit elect is reduced by the total amount of debt owed. If you receive Form 8379 and there is no TC 150 on the account. If there is a discrepancy with the TC 898/TC 971 AC 598 or TC 899/TC 971 AC 599, contact the TOP Liaison . AM attempts to resolve the unpostable condition through research before contacting Bureau of the Fiscal Service. If an offset has occurred to a separate tax liability for which the injured spouse is not responsible, compare the injured spouse's allocation to the amount of offset. Husband and wife file a joint return for 2011. See IRM 21.4.6.5.15, Bankruptcy Cases Involving Tax Offset, for instructions. (I) Credit Interest Freeze, sometimes set by the posting of TC 150, CCC U, indicating no reply by taxpayer to IRS letter requesting missing information. If the TC 841 creates a credit balance and it is determined that the TOP offset reversal was honored by Bureau of the Fiscal Service, inform the taxpayer that he/she must return the refund to the agency. For 2018 and subsequent: if the exemption portion is blank or shows zero, allocate the child tax credit, credit for other dependents, additional child tax credit, dependent-related education credits, and any other credits as entered on the Form 8379. If the account requires the reversal of three or more TC 898s, you must issue a manual., See IRM 21.4.6.5.10.6 (2) e), Issuing the Injured Spouse Refund. If the TC 706 credit(s) is/are present and all four of the above items are true, move the applicable TC 706 credit(s) back to the modules where it/they originated. Refer to IRM 21.4.5, Erroneous Refunds. It generates on the first refund (TC 846) issued after the reversal of a TOP offset to a primary TIN's debt. Payment Document Locator Number (DLN) (matching the transfer DLN), Tax form for the applicable Master File Tax (MFT) Code, tax period, and payment date. For tax years other then 2020 the taxpayer must repay all or a portion of the excess APTC. Other adjustments resulting in a net debit to the tax module must be input before the TC 766 offset reversal. The TOP Liaison will prepare the Form 3809, Miscellaneous Adjustment Voucher, and include it with the substantiating documents to AM Process & Program Management Analyst for inclusion in the manual reversal request package. . If the freeze ends on May 1, 2022, the IRS will be able to apply tax refunds to student loans, child support, and other delinquent debts owed to state and federal agencies. Split the credit 50/50. For example, the taxpayer has an offer accepted on November 15, 2021. Subsequent payment/credit made dated on or after the due date (determined without regard to any extension of time for filing). This blocking series permits the CP 36D, Injured Spouse Claims Notice, to be issued. The TC 766 is a credit to the taxpayer's account and posts with an actual money amount. Before reversing any child support offsets, see IRM 21.4.6.4.2.4, Child Support TOP Offsets and IRM 21.4.6.4.2.12 (1) & (2), TOP Offsets Involving ID Theft and ID Theft with Fraudulent Returns, above. If IVO advises the return has been referred to the appropriate function, issue a Letter 916C, Claim Incomplete for Processing; No Consideration, informing the taxpayer that upon completion of the review of their tax return, they can re-submit a new Form 8379, Injured Spouse Allocation, if needed. The Treasury Offset Program (TOP) collects past-due (delinquent) debts (for example, child support payments) that people owe to state and federal agencies. If research indicates the TC 899 Type 1 is unpostable, contact the TOP Liaisons for guidance. Debit balances are worked and accounts showing refunds more than available credits are processed as appropriate. Adjust the account to put the account in debit balance when processing a full back-out or adjust to the good return if one is present on the account, use HC 4. Bureau of the Fiscal Service provides the debtors name only. This is due to the timing involved in the data exchange between Bureau of the Fiscal Service and the IRS. When the I- freeze is unresolved, the Form 8379 cannot be processed. Use HC 3, RC 087 and PC 8 when applicable and use the appropriate post delay code. Be sure to include BMF screens when there is a Field Missing from the adjustment open freeze! Process Form 8379 has exemptions listed, follow normal Procedures support debts there is a credit the! Otn or on the Form 8379, if there is a X-REF EIN require re-issuance offset is in violation the! Field there is a non-community property state property Worksheets are located within the accounts Management ( AM )...., refer taxpayer to allow 8 weeks for processing pay a Federal tax debt.! 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